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16-181 - Baker et al v. Patterson et al


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16-181 - Baker et al v. Patterson et al
May 25, 2016
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MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER and TEMPORARY RESTRAINING ORDER (Dkt. 6) - Signed by Judge Mark W Bennett. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
October 28, 2016
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MEMORANDUM OPINION AND ORDER REGARDING MOTIONS TO DISMISS AND STAY - IT IS SO ORDERED that the Patterson Defendants' July 11, 2016 Motion to Stay Civil Proceedings (docket no. 27) is DENIED, but without prejudice to reassertion in the event that circumstances arise that more directly implicate Patterson's Fifth Amendment rights; 2. The Patterson Defendants' June 15, 2016, Motion To Dismiss Pursuant To F.R.C.P. 12(b)(1) And 12(b)(6) (docket no. 17) and the Petersen Defendants June 16, 2016, Motion To Dismiss (docket no. 20) are both granted, but only to the extent that the plaintiffs RICO claims are dismissed for failure to state claims upon which relief can be granted, and without prejudice to the plaintiffs' attempt to replead those claims; and3. The plaintiffs shall have 30 days from the date of this order within whichto file an amended complaint attempting to plead their RICO claims adequately. Signed by Judge Mark W Bennett. Motions terminated: 17 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) filed by Temp R Patterson, 20 MOTION to Dismiss filed by Ambulatory Surgery Center of Burley, LLC, Joseph R Petersen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)